Search Results for "Premature Application"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Acquits Accused in Murder Case Due to Incredible Dying Declaration...
Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "Premature Application"

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High Court

Bombay High Court Allows Quashing of Chargesheet in Attempt to Murder Case Due to Settlement Between Parties. The Court held that continuation of criminal proceedings arising from a personal dispute, where the complainant had settled the matter and no longer wished to prosecute, would be an abuse of process of law, and quashed the chargesheet under Section 482 CrPC despite the offences being non-compoundable.

3 May 2023

The Bombay High Court at Aurangabad, in Criminal Application No.2081 of 2021, considered an application under Section 482 of the Code of Criminal Proc...

High Court

Bombay High Court Quashes Reassessment Notice Under Section 148 of Income Tax Act for Being Time-Barred — Notice Issued Beyond Four-Year Limitation Period Without Proper Sanction. Reassessment Notice for AY 2019-2020 Issued on 12.04.2023 Held Without Jurisdiction as It Exceeded Limitation Under Section 149(1)(b) of Income Tax Act, 1961.

1 Aug 2023

The petitioner, Kartik Sureshchandra Gandhi, a businessman, filed a writ petition under Article 226 of the Constitution of India before the Bombay Hig...

High Court

Bombay High Court Allows Section 11 Application for Appointment of Arbitrator in Construction Contract Dispute. Court holds that existence of arbitration clause in contract documents is sufficient to refer disputes to arbitration, and that the applicant's claims are not barred by limitation as the contract was not fully terminated.

4 Aug 2023

The applicant, Capacite Infraprojects Ltd, a construction company, filed an application under Section 11(6) of the Arbitration and Conciliation Act, 1...

High Court

Bombay High Court Quashes Conviction in Consumer Protection Act Penalty Case for Violation of Summary Trial Procedure. Failure to Record Plea and Conduct Trial as Per Sections 254 and 262 CrPC Renders Proceedings Void.

26 Apr 2022

The petitioner, Suhas Ratnakar Morey, was convicted by the Maharashtra State Consumer Disputes Redressal Commission (State Commission) under Section 2...

High Court

Bombay High Court Quashes 'C' Summary Report in Forgery Case — Directs Further Investigation Under Section 173(8) CrPC. Court holds that acceptance of summary report without considering FIR allegations and without examining witnesses vitiates the order, and that the informant has locus standi to challenge such acceptance.

16 Jan 2020

The petitioner, Avneesh Harvansh Singh, is the first informant who lodged an FIR on 22 September 2015 against respondent nos.2 to 6, who are co-truste...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Rejection of Application to Implead Legal Representatives in Partition Suit — Held That Application Under Order 22 Rule 4 CPC Was Not Maintainable as Defendant No.2 Was Already on Record and No Abatement Had Occurred

8 Sep 2025

The petitioner, Sri Janardhana Suvarna, was Defendant No.2 in O.S.No.233/2016, a suit for partition and separate possession filed by Respondent No.1 (...

High Court

Bombay High Court Dismisses Petition Challenging Foreign Award for Lack of Jurisdiction — Seat of Arbitration Determined as London, Not India. Parties' Choice of English Law and London Arbitration Excludes Indian Courts' Supervisory Jurisdiction Under Section 34 of the Arbitration and Conciliation Act, 1996.

15 Nov 2011

The petitioner, Sakuma Exports Ltd., a Mumbai-based company, entered into a contract dated 12 January 2010 with the respondent, Louis Drefus Commoditi...

High Court

Bombay High Court Quashes Industrial Court Order Directing Deposit of Gratuity in Termination Challenge — Payment of Gratuity Act, 1972 Does Not Require Deposit of Gratuity Received as Condition for Adjudication of Termination Dispute

8 Jul 2019

The petitioner, Sheikh Mehmood, was employed as a Typist with respondent Nos.1 and 2 (M/s Universal Medikit Private Ltd. and its Chairman) from 29 Jul...

High Court

Bombay High Court Allows Pilots' Union to Operate, Quashes Suspension of Registration by Industrial Tribunal. The Court held that the Industrial Tribunal exceeded its jurisdiction under Section 11 of the Trade Unions Act, 1926 by suspending registration and restraining the union from raising industrial disputes, as such powers are not conferred by the Act.

27 Nov 2013

The Petitioner, National Aviators Guild, a trade union registered under the Trade Unions Act, 1926, comprising about 117 pilots of Jet Airways (India)...

High Court

Bombay High Court Dismisses Writ Petition Challenging Recovery Certificate Under MCS Act for Non-Availment of Statutory Remedy. Court holds that remedy under Section 154 read with Section 154(2A) of the Maharashtra Cooperative Societies Act, 1960 is a statutory remedy and not merely an alternate remedy, and writ jurisdiction under Article 227 should not be entertained when statutory remedy is available.

28 Aug 2014

The petitioner filed a writ petition under Article 227 of the Constitution of India challenging a recovery certificate issued under Section 101 of the...

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